Claimant v South Lanarkshire Council
Outcome
Individual claims
The claim was not timely presented. It was presented over 23 months after the EDT of 23 December 2022. The tribunal found it was reasonably practicable for the claimant to have presented the claim within the statutory time limit, and the claim was not presented within a further reasonable period after that time limit expired. The tribunal lacked jurisdiction to consider it.
The disability discrimination claims (discrimination arising from disability under s.15 EqA 2010 and failure to make reasonable adjustments under ss.20-21 EqA 2010) were not timely presented, being over 23 months out of time. The tribunal found it was not just and equitable to extend time to allow consideration of these claims, and therefore lacked jurisdiction.
The reasonable adjustments claim was not timely presented, being over 23 months out of time. The tribunal found it was not just and equitable to extend time to allow consideration of this claim, and therefore lacked jurisdiction.
Facts
The claimant was employed by South Lanarkshire Council until his employment ended on 23 December 2022. He did not present his ET1 claim form until 9 December 2024, over 23 months after the effective date of termination. The claimant brought claims for unfair dismissal and disability discrimination (discrimination arising from disability and failure to make reasonable adjustments). He represented himself at the hearing. The respondent was represented by a solicitor.
Decision
The tribunal struck out all of the claimant's claims because they were presented far outside the statutory time limits. For unfair dismissal, the tribunal found it was reasonably practicable for the claimant to have presented the claim in time and he had not done so within a further reasonable period. For disability discrimination, the tribunal declined to exercise its discretion to extend time on just and equitable grounds. The tribunal therefore had no jurisdiction to consider any of the claims.
Practical note
Claimants who delay over 23 months in presenting claims face insurmountable time limit obstacles, particularly where they are unrepresented and cannot demonstrate why delay was unavoidable or why justice requires the tribunal to hear very late claims.
Legal authorities cited
Statutes
Case details
- Case number
- 8002070/2024
- Decision date
- 25 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- South Lanarkshire Council
- Sector
- local government
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No